Frame v. Hohrman

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying defendant’s motion for a new trial.

Plaintiff sued defendant to recover damages for a breach of warranty in connection with the sale of four cattle. In his complaint he alleged that on or about July 13,1947, defendant sold and delivered to him four heifers for $640; that before and at the time of the sale defendant warranted and guaranteed the heifers free and clean of disease; that he purchased the heifers on this representation and warranty by defendant and in reliance upon it; that after the purchase it was…